The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-06-01
SEABRoN MCLAURIN,
Reversed and remanded.

The STATE.
Appeal from the Circuit Court of Smith
County. Hon. A. q. Mayors, Judge
F. Currie, w. H. Jones, and Calhoon
& Green, for the appellant.
I. NJ. Miller, Attorney General, for
the State.
Seabron McLaurin was charged with
killing Anne Wright, and was indicted
for murder. The evidence given Tor the
State on the trial tended to show that
there had been trouble for some time
between the families of McLaurln aud
Wright; that some three weeks before
the killing, McLaurin had threatened
that he would shoot Anne Wrlghts
''head off before the year was out; tnat
the night before the day OF the killing
the husband of Anne Wright and the
wife of MeLaurin had a guard at the
house of the latter; that on the DAY OF
the killing McI.aurin and several others
we're standing in the public road In
front of his house, when Anne Wright
and her husband came by and stopped
and began talking, when the wlfe OF
McI,au came out and declared that
either she nor Anne Wright had Ito
toat off a whippin' from thar, and at
once began to strike Anne Wright with
her fists: that Anne Wright put down her
baby aud basket which she was carrying
and took an ak handle out of the basket
and struck her assailant several times
with it, inficting wounds from which
the blood flowed freely, covering the
head and front part of the dress of the
wife of McLaurin; that while the women
we're fighting, McLaurin ran INTO the
house and got his gun, and when ne re-
turned asked his wife if she was hurt
much. The women having been parted
| while he was gone, and Anne Wright
having started down the road, that Me-
Laurin's wife made no reply to him, but
that he said, 81 will shoot her damned
heart out" and then shot her.
The defendant on his cross examina-
ton stated that he told Anne Wright
and the rest to leave his house, and that
he shot her because she would not leave
and because she had beaten his wife
that she was going down the road when
he shot her.
The court was asked to instruct the
Jury for the defendant as follows:
si3. The court instructs the jury thai
although they may believe from the
evidence that the accused killed the de
ceased, vet if the jury believe from th'
leyidence that such killing was done il
the heat of passion, then the accused II
mot guilty of murder, and the jury
should so find.'
sc. If the jury believe from the eyi
denee that the defendant killed the de
ceased Immediately after the commission
of an unlawful criminal act, and withou
malice. then he could only be guilty o
manslaughter, and the jury should $
, fnd.n
"9. If the jury believe from the evi
, Idence that the defendant killed the de
] eased in the heat Of passion, caused b.
the difficulty between the deceased an,
the defendants wife just before the kill
ling. and that sufficient time had no
elapsed for passion to subside, then he
not guilty of murder, and the Jur
should so find."
5 The defendant was convicted OF mul
der, and he appealed.
ARNOLD, J., delivered the opinion of tn
!. court
5 The court should have instructed th
: jury as requested by appellant, that tn
2 offence was manslaughter and not mul
e der, if they believed from the evidenc
t it was committed without malice and |
!. the heat of passion, produced by tn
' provocation shown in the record. 1t
:. true that the appellants wife was ii
t aggressor in the difficulty, but all th
y witnesses concur in saying that she Al
6 tackled deceased with her hands, an
r manifested no purpose to fight othe
; wise, or to kill or to do great persons
: injury. Her assault was returned 3
n deceased with weapon of such chara'
ter, and with degree of violence so Oh
q proportionate to the aggression, that
e changed the nature of the combat, an
l. if without time for passion to cool, 81
, had slain deceased, it would have bee
n manslaughter and not murder Bis
q Or. l., sec. 702; The State vs. Hill,
Dew. & Bat, 49l.
! Under these circumstances appellal
$ saw his wife retiring from the conte
'f with her face and the front Of her DIRE
q covered with blood, and he thereup,
e shot and killed deceased. The jud
y ment which assumed absolutely, til
E this was murder, and could be nothil
else, and which refused to permit &